From an article presented by Becker’s Hospital Review, figures from 2017 showed that medical malpractice cases were on the increase. Total pay-outs for the year 2017 reached $248.9 million according to a state-by-state breakdown of medical malpractice suits. If you or your loved one has been a victim of medical malpractice, you will understand the effect it has on all areas of your life.
The effects of medical malpractice often go far beyond the physical injuries or discomfort you or your loved one may be feeling. The emotional and financial impacts can feel just as significant as you adjust to your new circumstances.
When you or your loved one have suffered in this way, you may want to consider your options to find out how you can hold the medical professional or organization accountable. A Dade City medical malpractice lawyer can help.
While you do not necessarily need experienced personal injury attorneys in order to file a lawsuit, with a legal firm in your corner, you will have the assurance that they have your interests at heart. To find out more about how Distasio Law Firm can help, call today.
Defining Medical Malpractice
Medical malpractice means that the medical professional failed in their duty of care to the patient. Duty of care is typically defined as providing a standard of care and treatment that is recognized as acceptable and appropriate by other equivalently qualified medical care peers given the circumstances of the patient’s needs.
Medical malpractice covers a variety of errors, which includes:
- Failure to diagnose or delayed diagnosis. These cases make up most malpractice claims, according to a review of the epidemiology of malpractice claims in primary care.
- Wrongly analyzed lab results
- Failure to order tests or to read the results
- Carrying out unnecessary surgeries or treatment
- Surgical errors, such as operating on the wrong part of the body or leaving surgical tools inside a patient.
- Failure to obtain informed consent, so the patient is unaware of the risks.
- Misread lab results, preventing you from getting necessary treatments.
No two medical malpractice cases will be the same. However, there is one general rule that applies to all of them, and that is the burden of proof. The burden of proof lies with the plaintiff, and it is up to you to show that:
- There was a duty of care
- There was a breach in the duty of care.
- You or your loved one suffered. That means there must be elements that they can compensate you. This compensation may be a loss of earnings and future earnings, medical care and rehabilitation costs, pain and suffering, psychological distress, and loss of enjoyment.
If you or your loved one think you may have a case, a capable medical malpractice lawyer in Dade City can listen to you as you explain the events and consequences. Based on what you tell them, they can then assess your case and advise you on the best way to proceed. For further information, call Distasio Law Firm today.
Getting Help from Dade City Medical Malpractice Lawyers
A seasoned medical negligence attorney in Dade City can play a pivotal role in gaining compensation for you and your loved one. They can:
- Gather evidence such as medical reports
- Investigate to establish if there was medical malpractice
- File and present all legal documentation within deadlines stipulated in the statute of limitations
- Speak with insurance companies and any other parties involved on your behalf
- Work with medical experts to make your case as robust as possible
- Obtain your medical records, including any X-rays and MRI scans
- Collate any records or documentation that you may have regarding your ongoing medical care
- Collect evidence of your out-of-pocket expenses
Making a Medical Malpractice Claim
If you or your loved one suffered injuries because of medical malpractice, you may want compensation for any economic and non-economic costs that you or your loved one incurred. To get compensation, you may need to file a lawsuit, and the assistance of Dade City medical malpractice attorneys can help you be successful.
Once your lawyer has filed the suit, a discovery period will begin. During this time, both parties (the plaintiff and defendant) will share documents, depositions, and other information pertaining to the case.
With a lawyer’s help, it may be possible to settle out of court. However, if both parties cannot agree, a trial is likely to get underway, and a jury will decide who wins.
Types of Damages You May Receive
We have already briefly mentioned non-economic and economic damages. However, there are other types of damages that a judge may allow you to claim, like punitive damages. Punitive damages act as a deterrent. However, to be successful in getting compensation for punitive damages, you must show to a judge’s satisfaction that the medical professional’s actions were intentional or amount to gross negligence.
Speak with a Dade City Medical Malpractice Attorney
If you or your loved one are not sure if you have a case, a Dade City medical malpractice lawyer will listen carefully to the events and then detail the best way forward. The approach that our law firm will take to your case will be personal and client-focused. As our client, you will be our priority during any legal case that may follow.
The statute of limitations sets out how long you have to approach a lawyer and make a claim. Under Florida Statute §95.11, the statute of limitations to file a claim is two years from the date you knew or should have known about the malpractice.
However, the sooner you come to us, the better. We can begin work assessing your claim and gathering evidence. For advice on the best way to move forward with your case, call Distasio Law Firm today.